Cecil Cnty. Cir. Ct. Civil DCM Plan 7.3

Trial judges and magistrates have authority to deny a continuance and limited authority to grant

one.

7.3.1 Cases which start but do not finish as scheduled should be continued by the trial judge or

magistrate to the next trial day and from day-to-day thereafter until completed unless impossible

because of the unavailability of the trial judge or magistrate or the specific, substantial reason for

the continuance. The next days’ dockets do not create unavailability. As soon as the trial judge

or magistrate knows the case will carry over, he or she will notify the Assignment Office so that

planning for the next days’ docket can commence as soon as possible.

7.3.2 Where a continuance is granted for a specific, substantial reason other than not finishing,

it must be continued to a date certain, approved by all counsel and the Assignment Office and

expressed in a written order, signed by the judge, which date will permit the case to conclude

within the original time standard for that case type.

7.3.3 The parties have ample pre-trial time to conduct discovery, investigate and prepare their

cases, including selection of expert and lay witnesses. Doing additional discovery and/or

investigations is not a reason for continuance.

7.3.4 Only the Administrative Judge has the authority to grant a continuance for any reason other

than carry over if the case is already outside the applicable time standard or the continuance will

cause the case to conclude beyond the time standard.

7.3.5 The judge granting the continuance will communicate with judges in other cases as

necessary to deal with conflicts. Where a carried over case creates a conflict with a case scheduled

for trial in another court, the Circuit Court judge will communicate with the judge in the other

court, to reach an accommodation which creates the least inconvenience for the parties and

witnesses involved in the two cases.